COVID -19 In the Courts

COVID-19 IN THE COURTS

As the number of COVID-19 otherwise known as the Coronavirus victims rises in Michigan, the courts, like many other branches have had to look at alternative ways to make sure justice is served. Courts often have more than 10 people sitting next to each other, in fact court rooms tend to be very densely populated. That has raised quite the predicment of how to keep defendents safe during COVID-19.

Are you wondering What is an essential function during COVID-19? Will my case be heard during the Coronavirus outbreak? Will I have to go to court during quarantine?

Let’s look at the administrative order concerning coronavirus :

HAVE A CASE IN THE DISTRICT COURTS DURING CORONAVIRUS OUTBREAK?

“ Criminal Matters – To the extent possible and consistent with MCR 6.006 and a defendant’s constitutional and statutory rights, courts should conduct the following hearings remotely using two-way interactive video technology or other remote participation tools

Processing of criminal extradition matters for in-custody defendants pursuant to MCL 780.9. The issue of bail should be addressed for those eligible defendants as provided in MCL 780.14.

With regard to matters involving forensic evaluations of juveniles or adults for competence to stand trial, competence to waive Miranda rights, and criminal responsibility, courts shall permit the use of video technology. The evaluator shall note in the forensic opinion whether the use of video technology impeded an impartial and accurate clinical assessment, and, if so, notify the court that an in-person evaluation must be scheduled. 5

Review and determination of requests for search warrants should continue pursuant to MCL 780.651.

Review and issuance of arrest warrants pursuant to MCL 764.1a for crimes that present a danger to public safety.

All other criminal matters, including all non-emergency matters where the defendant is not in custody, shall be adjourned. All criminal jury trials shall be adjourned until after April 3, 2020. B. Civil Matters – All matters must be conducted remotely using twoway interactive video technology or other remote participation tools or they must be adjourned until after April 3, 2020.

Traffic Matters – All civil infractions, including trials, must be conducted remotely using two-way interactive video technology or other remote participation tools or they must be adjourned until after April 3, 2020. No bench warrants shall be issued for individuals failing to appear during the state of emergency.”

Unless you are in custody during the coronavirus outbreak your case will be adjourned until after April 3,2020 or will be done via video conference to avoid the spread of coronavirus.

HAVE A CASE IN THE CIRCUIT COURTS DURING CORONAVIRUS?

“1. To the extent possible and consistent with MCR 6.006 and a defendant’s constitutional and statutory rights, courts should conduct the following hearings remotely using two-way interactive video technology or other remote participation tools: a. For in-custody criminal defendants, pleas, sentencings, arraignments on the information under MCR 6.113 (unless waived), probation violation arraignments under MCR 6.445(B), and emergency motions regarding bond. If the defendant is not in custody, these matters should be adjourned.

Processing of criminal extradition matters for incustody defendants pursuant to MCL 780.9. The issue of bail should be addressed for those eligible defendants as provided in MCL 780.14. 2

2. All other criminal matters, including all non-emergency matters where the defendant is not in custody, shall be adjourned. All criminal jury trials shall be adjourned until after April 3, 2020.

With regard to matters involving forensic evaluations of juveniles or adults for competence to stand trial, competence to waive Miranda rights, and criminal responsibility, courts shall permit the use of video technology. The evaluator shall note in the forensic opinion whether the use of video technology impeded an impartial and accurate clinical assessment, and, if so, notify the court that an in-person evaluation must be scheduled. “

Unless you are in custody during the coronavirus outbreak your case will be adjourned until after April 3,2020 or will be done via video conference to avoid the spread of coronavirus.

If you have concerns or questions about your next court date please call us at Rudoi Law, 248.935.9074. We are hear to help guide you during this coronavirus outbreak.

Gretchen Whittmore recognized even during the Coronavirus outbreak that closing courts completely is not an option. However, unless you are incarcerated during the Coronavirus outbreak criminal matters are adjourned until after April 3, 2020.

The Coronavirus outbreak is an unprecedented time in our history. If you have any concerns about your legal representation during the Coronavirus outbreak, please do not hesitate to call Rudoi Law. We can’t stop the coronavirus but we can take the concern of legal representation off your list of fears.